Chapter 3- Report of the Research and Policy Development Group The following concerns was raised: • A proposal to strengthen intellectual property protection would extend the duration of patents and copyright, and introduce a provision on ‘data exclusivity’ as an administrative barrier to the marketing of generic medicines. These measures may delay the availability of generic medicines and cause the price of medicines to remain high for a longer period. • With regard to the impact of liberalised trade, the lowering of tariffs or import taxes may cause problems for Malaysian companies, especially small-and medium-scale enterprises (SMEs), which would have to compete with cheaper imported items that are highly subsidised in the country of origin. In addition, reducing tariffs may cause many people to lose their jobs as SMEs do not have the same financial capacity as large companies to adjust to such changes. • The Investor-State Dispute Settlement (ISDS) mechanism was established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The ISDS allows foreign investors to initiate dispute settlement proceedings against a host State. Under a TPPA proposal, multinational companies would effectively have the power to sue a country for laws that might diminish the value of their company or cut into their expected profits. They would therefore have the power to undermine domestic controls by the host State. The Commission, which welcomes MITI’s engagement with the public, also lauds an assurance by the Minister, YB Dato’ Sri Mustapa Mohamed, that all concerns raised during the open day would be given consideration by the team of negotiators. He promised that more consultations would be held with stakeholders to share information on the progress of negotiations. On 6 September, MITI organised a closed-door discussion and provided an update on the 19th round of the negotiations held in Brunei from 21-31 August. During the discussion, the Commission reiterated its call to the Government to ensure that all trade agreements are in line with obligations under UN treaties that Malaysia has signed – the CRC, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and CRPD. 2. OTHER ACTIVITIES (a) Monitoring of State Implementation of International Treaties (i) 86 CEDAW The Commission notes that the Government is late in submitting the 3rd, 4th and 5th State Reports to the CEDAW Committee. At a meeting with the Minister of Women, Family and Community Development on 10 October, the Commission was told that the Government planned to submit the three Reports by the end of the year. At the time of writing, this has yet to be done. The Commission has completed its Parallel Report which will be sent to the CEDAW Committee after the State Reports are submitted. The Commission urges the Government to expedite submission of the State Reports.